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(영문) 제주지방법원 2018.12.17 2018고단954
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2010, the Defendant was sentenced to a fine of KRW 1.5 million by the Jeju District Court on March 9, 2010, and was sentenced to a fine of KRW 2.5 million by the same court on August 22, 2014.

Nevertheless, on March 27, 2018, the Defendant was under the influence of alcohol content of 0.063% during blood transfusions on March 27, 2018, and was driving the Cpoter cooling tower at approximately 20 meters away from the south-west distance in Jeju-do to the front road of the white line located in the same Dong.

On July 18, 2018, the Defendant driven D vehicles from the front side of the building adjacent to the CGV theater on the Jeju-si-si, Jeju-si, without a driver's license on July 18, 2018 to the public road of approximately 1km from around 35, to the same Si-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and an inquiry report (Attachment to a copy of a summary order) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act, including all the conditions for various sentencing specified in the argument of the instant case, with regard to the surveillance and order to attend a lecture, and the reasons for sentencing under Article 62-2 of the Social Service Order, shall be taken into account in particular the following circumstances: A favorable circumstance: A reflection of the circumstances; and a normal situation unfavorable to the fact that there was no record of punishment exceeding a fine: (a) a person committed the instant drinking driving even though he/she was punished three times by drinking, including the first head stated

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